Section 438 of CrPC –— Pre Arrest Bail -- The petitioner sought pre-arrest bail under section 438 Cr.P.C. The counsel for the petitioner submitted that if the contents of the FIR are read, it only discloses that there is monetary dispute between the parties. The court observed that FIR contains no allegations that the petitioner was fraudulently selling goods by impersonating as M/s. Zentic Pharmaceuticals. Therefore, if the allegations regarding alleged evasion of GST by the petitioner is excluded for the time being from consideration, then from the contents of the FIR, it strongly appears that there is a financial dispute between the informant and the petitioner. However, in the affidavit-in-opposition, the informant has referred to mobile call screenshots, to mount pressure to compromise the matter. This does amount to breach of the conditions on which interim pre-arrest bail was granted to the petitioner by interim order dated 26.10.2022. Under such circumstances, the Court does not find this to be a fit case for grant of pre-arrest bail to the petitioner.

Held that:- The Hon’ble High Court rejected the application.